BILL NUMBER: AB 2919	CHAPTERED  09/12/00

	CHAPTER   416
	FILED WITH SECRETARY OF STATE   SEPTEMBER 12, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 11, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Committee on Human Services (Aroner (Chair), Ashburn
(Vice Chair), Bock, Ducheny, Dutra, Floyd, and Strom-Martin)

                        MARCH 16, 2000

   An act to amend Sections 4701, 4705, 4710, 4710.5, 4710.6, 4710.7,
4710.8, 4711, 4711.5, 4712, 4712.2, 4712.5 of, and to add Section
4702.7 to, the Welfare and Institutions Code, relating to
developmental disabilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2919, Committee on Human Services.  Developmental disabilities:
  fair hearings and mediation procedures.
   Under existing law, service agencies defined as regional centers
and developmental centers contract with the State Department of
Developmental Services to provide, or arrange for the provision of,
services and supports for persons with developmental disabilities.
   Existing law authorizes an applicant or recipient of services, and
the authorized representative, if any, from a service agency to
obtain a fair hearing or mediation with respect to those agencies.
   This bill would revise procedural requirements applicable to fair
hearings, and would specify that an applicant for, or recipient of,
services from a service agency may request a voluntary informal
meeting and mutually agreed upon voluntary mediation, and would
revise procedures applicable to fair hearings, voluntary informal
hearings, and voluntary mediation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4701 of the Welfare and Institutions Code is
amended to read:
   4701.  "Adequate notice" means a written notice informing the
applicant, recipient, and authorized representative of at least all
of the following:
   (a) The action that the service agency proposes to take, including
a statement of the basic facts upon which the service agency is
relying.
   (b) The reason or reasons for that action.
   (c) The effective date of that action.
   (d) The specific law, regulation, or policy supporting the action.

   (e) The responsible state agency with whom a state appeal may be
filed, including the address of the state agency director.
   (f) That if a fair hearing is requested, the claimant has the
following rights:
   (1) The opportunity to be present in all proceedings and to
present written and oral evidence.
   (2) The opportunity to confront and cross-examine witnesses.
   (3) The right to appear in person with counsel or other
representatives of his or her own choosing.
   (4) The right to access to records pursuant to Article 5
(commencing with Section 4725).
   (5) The right to an interpreter.
   (g) Information on availability of advocacy assistance, including
referral to the developmental center or regional center clients'
rights advocate, area board, publicly funded legal services
corporations, and other publicly or privately funded advocacy
organizations, including the protection and advocacy system required
under federal Public Law 95-602, the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C.A. Sec. 6000 et seq.).
   (h) The fair hearing procedure, including deadlines, access to
service agency records under Article 5 (commencing with Section
4725), the opportunity to request an informal meeting to resolve the
issue or issues, and the opportunity to request mediation which shall
be voluntary for both the claimant and the service agency.
   (i) If the claimant has requested an informal meeting, information
that it shall be held within 10 days of the date the hearing request
form is received by the service agency.
   (j) The option of requesting mediation prior to a fair hearing, as
provided in Section 4711.5.  Nothing in this section shall preclude
the claimant or his or her authorized representative from proceeding
directly to a fair hearing in the event that mediation is
unsuccessful.
   (k) The fair hearing shall be completed and a final administrative
decision rendered within 90 days of the date the hearing request
form is received by the service agency, unless the fair hearing
request has been withdrawn or the time period has been extended in
accordance with this chapter.
   (l) Prior to a voluntary informal meeting, voluntary mediation or
a fair hearing, the claimant or his or her authorized representative
shall have the right to examine any or all documents contained in the
individual's service agency file.  Access to records shall be
provided pursuant to Article 5 (commencing with Section 4725).
   (m) An explanation that a request for mediation may constitute a
waiver of the rights of a medicaid home and community-based waiver
participant to receive a fair hearing decision within 90 days of the
date the hearing request form is received by the service agency, as
specified in subdivision (c) of Section 4711.5.
   (n) That if a request for a fair hearing by a recipient is
postmarked or received by a service agency no later than 10 days
after receipt of the notice of the proposed action mailed pursuant to
subdivision (a) of Section 4710, current services shall continue as
provided in Section 4715.  The notice shall be in clear, nontechnical
language in English.  If the claimant or authorized representative
does not comprehend English, the notice shall be provided in such
other language as the claimant or authorized representative
comprehends.
   (o) A statement indicating whether the recipient is a participant
in the home and community-based services waiver.
  SEC. 2.  Section 4702.7 is added to the Welfare and Institutions
Code, to read:
   4702.7.  For purposes of this section, "medicaid home and
community-based waiver participant" means an individual deemed
eligible and receiving services through the Medicaid Home and
Community-based waiver program.
  SEC. 3.  Section 4705 of the Welfare and Institutions Code is
amended to read:
   4705.  (a) Every service agency shall, as a condition of continued
receipt of state funds, have an agency fair hearing procedure for
resolving conflicts between the service agency and recipients of, or
applicants for, service.  The State Department of Developmental
Services shall promulgate regulations to implement this chapter by
July 1, 1999, which shall be binding on every service agency.
   Any public or private agency receiving state funds for the purpose
of serving persons with developmental disabilities not otherwise
subject to the provisions of this chapter shall, as a condition of
continued receipt of state funds, adopt and periodically review a
written internal grievance procedure.
   (b) An agency that employs a fair hearing procedure mandated by
any other statute shall be considered to have an approved procedure
for purposes of this chapter.
   (c) The service agency's mediation and fair hearing procedure
shall be stated in writing, in English and any other language that
may be appropriate to the needs of the consumers of the agency's
service.  A copy of the procedure and a copy of the provisions of
this chapter shall be prominently displayed on the premises of the
service agency.
   (d) All recipients and applicants, and persons having legal
responsibility for recipients or applicants, shall be informed
verbally of, and shall be notified in writing in a language which
they comprehend of, the service agency's mediation and fair hearing
procedure when they apply for service, when they are denied service,
and when notice of service modification is given pursuant to Section
4710.
   (e) If, in the opinion of any person, the rights or interests of a
claimant who has not personally authorized a representative will not
be properly protected or advocated, the local area board and the
clients' right advocate assigned to the regional center or
developmental center shall be notified, and the area board may
appoint a person or agency as representative, pursuant to Section
4590, to assist the claimant in the mediation and fair hearing
procedure.  The appointment shall be in writing to the authorized
representative and a copy of the appointment shall be immediately
mailed to the service agency director.
  SEC. 4.  Section 4710 of the Welfare and Institutions Code is
amended to read:
   4710.  (a) Adequate notice shall be sent to the applicant or
recipient and the authorized representative, if any, by certified
mail at least 30 days prior to any of the following actions:
   (1) The agency makes a decision without the mutual consent of the
service recipient or authorized representative to reduce, terminate,
or change services set forth in an individual program plan.
   (2) A recipient is determined to be no longer eligible for agency
services.
   (b) Adequate notice shall be sent to the recipient and the
authorized representative, if any, by certified mail no more than
five working days after the agency makes a decision without the
mutual consent of the recipient or authorized representative, if any,
to deny the initiation of a service or support requested for
inclusion in the individual program plan.
   (c) If the reason for denial of services or modification of
services in a recipient's individual program plan is a lack of funds
in the regional center budget, the regional center shall be the
service agency responsible for giving adequate notice and
participating in the fair hearing procedure under this chapter.
   (d) The regional center shall, within 30 days after written notice
is mailed to the applicant or client, notify the department in
writing of the denial if a lack of funds in the regional center
budget is the reason for one of the following:
   (1) The denial of services to an applicant.
   (2) The denial of services to a current regional center client
requesting services not included in the client's individual program
plan but determined to be necessary by the interdisciplinary team.
   (3) Denial, cutback, or termination of current services to a
recipient set forth in the individual program plan.
   The notification to the department shall include the nature of the
service requested, a request that the department allocate sufficient
funds to the regional center within 30 days to provide the service,
the projected cost for the service for the balance of the fiscal
year, and information substantiating the reason for the lack of funds
to purchase the service.
   (e) If a person requests regional center services and is found to
be ineligible for these services, the regional center shall give
adequate notice pursuant to Section 4701.  Notice shall be sent
within five working days of the time limits set forth in Sections
4642 and 4643.
   (f) The advance notice specified in subdivision (a) shall not be
required when a reduction, termination, or change in services is
determined to be necessary for the health and safety of the
recipient.  However, adequate notice shall be given within 10 days
after the service agency action.
  SEC. 5.  Section 4710.5 of the Welfare and Institutions Code is
amended to read:
   4710.5.  (a) Any applicant for or recipient of services, or
authorized representative of the applicant or recipient, who is
dissatisfied with any decision or action of the service agency which
he or she believes to be illegal, discriminatory, or not in the
recipient's or applicant's best interests, shall, upon filing a
request within 30 days after notification of the decision or action
complained of, be afforded an opportunity for a fair hearing.  The
opportunity to request a voluntary informal meeting and an
opportunity for mutually agreed upon voluntary mediation shall also
be offered at this time.
   (b) The request for a fair hearing and for mediation, or for a
voluntary informal meeting, or any combination thereof, shall be
stated in writing on a hearing request form provided by the service
agency.
   (c) If any person makes a request for mediation or a fair hearing
other than on the hearing forms, the employee of the service agency
who hears or receives the request shall provide the person with a
hearing request form and shall assist the person in filling out the
form if the person requires or requests assistance.  Any employee who
willfully fails to comply with this requirement shall be guilty of a
misdemeanor.
   (d) The hearing request form shall be directed to the director of
the service agency responsible for the action complained of under
subdivision (a).  The service agency director shall simultaneously
facsimile (FAX) a copy of the hearing request form to the department
and the director of the responsible state agency or his or her
designee pursuant to Section 4704.5 within five working days of the
service agency director's receipt of the request.  The department
shall keep a file of all hearing request forms.
  SEC. 6.  Section 4710.6 of the Welfare and Institutions Code is
amended to read:
   4710.6.  (a) Upon receipt by the service agency director of the
hearing request form requesting a fair hearing, mediation, or a
voluntary informal meeting, the service agency director shall
immediately provide adequate notice pursuant to Section 4701 to the
claimant, the claimant's guardian or conservator, parent of a minor,
and authorized representative of the claimant's rights in connection
with the fair hearing, mediation, or informal meeting.  If an
informal meeting is requested by the claimant, the service agency and
the claimant shall determine a mutually agreed upon time for the
meeting.  The service agency shall notify the claimant of the date
upon which his or her hearing request form was received by the
service agency.
   (b) The written notice shall also confirm the mutually agreed upon
date, time, and place for a voluntary informal meeting, if desired
by the claimant or his or her authorized representative, with the
service agency director or the director's designee.  The written
notice shall also state that the claimant or his or her authorized
representative may decline an informal meeting.
   (c) The written notification of rights required pursuant to
subdivision (a) shall not be required if the service agency includes
written notification of those rights with the notice required by
Section 4710.
  SEC. 7.  Section 4710.7 of the Welfare and Institutions Code is
amended to read:
   4710.7.  (a) Upon requesting a fair hearing, the claimant has the
right to request a voluntary informal meeting with the service agency
director or his or her designee.  The purpose of the meeting is to
attempt to resolve the issue or issues that are the subject of the
fair hearing appeal informally prior to the scheduled fair hearing.
   (b) If an informal meeting is held, it shall be conducted by the
service agency director or his or her designee.  The service agency
director or his or her designee shall notify the applicant or
recipient and his or her authorized representative of the decision of
the informal meeting in writing within five working days of the
meeting.
   (c) The written decision of the service agency director or his or
her designee shall:
   (1) Identify the issues presented by the appeal.
   (2) Rule on each issue identified.
   (3) State the facts supporting each ruling.
   (4) Identify the laws, regulations, and policies upon which each
ruling is based.
   (d) Prior to the meeting, the claimant or his or her authorized
representative shall have the right to examine any documents
contained in the individual's service agency file.  Access to records
shall be provided pursuant to Article 5 (commencing with Section
4725).
  SEC. 8.  Section 4710.8 of the Welfare and Institutions Code is
amended to read:
   4710.8.  (a) At an informal meeting, the claimant shall have the
rights stated pursuant to Section 4701.
   (b) An informal meeting shall be held at a time and place
reasonably convenient to the claimant and the authorized
representative.
   (c) An informal meeting shall be conducted in the English
language.  However, if the claimant, the claimant's guardian or
conservator, the parent of a minor claimant, or the authorized
representative does not understand English, an interpreter shall be
provided who is competent and acceptable to both the person requiring
the interpreter and the service agency director or the director's
designee.  Any cost of an interpreter shall be borne by the service
agency.
  SEC. 9.  Section 4711 of the Welfare and Institutions Code is
amended to read:
   4711.  Upon receipt of the hearing request form, where a fair
hearing has been requested but mediation has not, the responsible
state agency director shall immediately notify the claimant, the
claimant's legal guardian or conservator, the parent of a minor
claimant, the claimant's authorized representative, and the service
agency director in writing of all the following information
applicable to fair hearings.  Where the hearing request form contains
a request for a fair hearing and mediation, the notifications shall
be made separately, and each notice shall contain only the
information applicable to the particular type of proceeding.
   (a) The time, place, and date of the fair hearing or mediation, as
applicable, if agreed to by the service agency.
   (b) The rights of the parties at the fair hearing pursuant to
Section 4701 or mediation, as applicable, pursuant to Section 4711.5.

   (c) The availability of advocacy assistance pursuant to
subdivision (g) of Section 4701 for both mediation and fair hearings.

   (d) The name, address, and telephone number of the persons or
offices designated by the director of the responsible state agency,
as applicable, to conduct fair hearings, mediate disputes, and to
receive requests for continuance or consolidation.
   (e) The rights and responsibilities of the parties established
pursuant to subdivisions (d) to (m), inclusive, of Section 4712.
  SEC. 10.  Section 4711.5 of the Welfare and Institutions Code is
amended to read:
   4711.5.  (a) Upon receipt of the written request for mediation,
the service agency shall be given five working days to accept or
decline mediation.
   (b) If the service agency declines mediation, the notice of that
decision shall be sent immediately to the claimant, his or her
authorized representative, and the director of the responsible state
agency.
   (c) (1) If the service agency accepts mediation, the service
agency shall immediately send notice of that decision to the
claimant, his or her authorized representative, and the director of
the responsible state agency.
   (2) Within five calendar days after the receipt of the notice of
the service agency's decision regarding mediation, the responsible
state agency or the designee of the responsible state agency shall
notify the claimant, his or her authorized representative, and the
service agency of the information applicable to voluntary mediation
specified in Section 4711.  The mediation shall be held within 30
days of the date the hearing request form is received by the service
agency, unless a continuance is granted to the claimant at the
discretion of the mediator.
   (3) A continuance granted pursuant to paragraph (2) shall
constitute a waiver of medicaid home and community-based services of
the participant's right to a decision within 90 days of the date the
hearing request form is received by the service agency.  The
extension of time for the final decision resulting from the
continuance shall only be as long as the time period of the
continuance.
   (d) Mediation shall be conducted in an informal, nonadversarial
manner, and shall incorporate the rights of the claimant contained in
paragraphs (1), (3), (4), and (5) of subdivision (f) of Section
4701.
   (e) The State Department of Developmental Services shall contract
with the mediators that meet the following requirements:
   (1) Familiarity with the provisions of this division and
implementing regulations, familiarity with the process of reconciling
differences in a nonadversarial, informal manner.
   (2) The person is not in the business of providing or supervising
services provided to regional centers or to regional center
consumers.
   (f) During the course of the mediation, the mediator may meet
separately with the participants to the mediation, and may speak with
any party or parties confidentially in an attempt to assist the
parties to reach a resolution that is acceptable to all parties.
   (g) The mediator shall voluntarily disqualify himself or herself
and withdraw from any case in which he or she cannot be fair and
impartial.  Any party may request the disqualification of the
mediator by filing an affidavit, prior to the voluntary mediation,
stating with particularity the grounds upon which it is claimed that
a fair and impartial mediation cannot be accorded.  The issue shall
be decided by the mediator.
   (h) Either the service agency or the claimant or his or her
authorized representative may withdraw at any time from the mediation
and proceed to a fair hearing.
  SEC. 11.  Section 4712 of the Welfare and Institutions Code is
amended to read:
   4712.  (a) The fair hearing shall be held within 50 days of the
date the hearing request form is received by the service agency,
unless a continuance based upon a showing of good cause has been
granted to the claimant.  The service agency may also request a
continuance based upon a showing of good cause, provided that the
granting of the continuance does not extend the time period for
rendering a final administrative decision beyond the 90-day period
provided for in this chapter.  For purposes of this section, good
cause includes, but is not limited to, the following circumstances:
   (1) Death of a spouse, parent, child, brother, sister, grandparent
of the claimant or authorized representative, or legal guardian or
conservator of the claimant.
   (2) Personal illness or injury of the claimant or authorized
representative.
   (3) Sudden and unexpected emergencies, including, but not limited
to, court appearances of the claimant or authorized representative,
conflicting schedules of the authorized representative if the
conflict is beyond the control of the authorized representative.
   (4) Unavailability of a witness or evidence, the absence of which
would result in serious prejudice to the claimant.
   (5) An intervening request by the claimant or his or her
authorized representative for mediation.
   (b) Notwithstanding Sections 19130, 19131, and 19132 of the
Government Code, the department shall contract for the provision of
independent hearing officers.  Hearing officers shall have had at
least two years of full-time legal training at a California or
American Bar Association accredited law school or the equivalent in
training and experience as established by regulations to be adopted
by the department pursuant to Section 4705.  These hearing officers
shall receive training in the law and regulations governing services
to developmentally disabled individuals and administrative hearings.
Training shall include, but not be limited to, the Lanterman
Developmental Disabilities Services Act and regulations adopted
thereunder, relevant case law, information about services and
supports available to persons with developmental disabilities,
including innovative services and supports, the standard agreement
contract between the department and regional centers and regional
center purchase-of-service policies, and information and training on
protecting the rights of consumers at administrative hearings, with
emphasis on assisting, where appropriate, those consumers represented
by themselves or an advocate inexperienced in administrative
hearings in fully developing the administrative record.  The State
Department of Developmental Services shall seek the advice of the
State Council on Developmental Disabilities, the Organization of Area
Boards, the protection and advocacy agency designated by the
Governor in this state to fulfill the requirements and assurances of
the federal Developmental Disabilities Assistance and Bill of Rights
Act, contained in Chapter 75 (commencing with Section 6000) of Title
42 of the United States Code, the Association of Regional Center
Agencies, and other state agencies or organizations and consumers and
family members as designated by the department in the development of
standardized hearing procedures for hearing officers and training
materials and the implementation of training procedures by the
department.  The department shall provide formal training for hearing
officers on at least an annual basis.  The training shall be
developed and presented by the department, however, the department
shall invite those agencies and organizations listed in this
subdivision to participate.
   (c) The hearing officer shall not be an employee, agent, board
member, or contractor of the service agency against whose action the
appeal has been filed, or a spouse, parent, child, brother, sister,
grandparent, legal guardian, or conservator of the claimant, or any
person who has a direct financial interest in the outcome of the fair
hearing, or any other interest which would preclude a fair and
impartial hearing.
   (d) The claimant and the service agency shall exchange a list of
potential witnesses, the general subject of the testimony of each
witness, and copies of all potential documentary evidence at least
five calendar days prior to the hearing.  The hearing officer may
prohibit testimony of a witness that is not disclosed and may
prohibit the introduction of documents that have not been disclosed.
However, the hearing officer may allow introduction of such
testimony or witness in the interest of justice.
   (e) The fair hearing shall be held at a time and place reasonably
convenient to the claimant and the authorized representative.  The
claimant or the authorized representative of the claimant and the
regional center shall agree on the location of the fair hearing.
   (f) Merits of a pending fair hearing shall not be discussed
between the hearing officer and a party outside the presence of the
other party.
   (g) The hearing officer shall voluntarily disqualify himself or
herself and withdraw from any case in which he or she cannot accord a
fair and impartial hearing or consideration.  Any party may request
the disqualification of the hearing officer by filing an affidavit,
prior to the taking of evidence at a hearing, stating with
particularity the grounds upon which it is claimed that a fair and
impartial hearing cannot be accorded.  The issue shall be decided by
the hearing officer.
   (h) Both parties to the fair hearing shall have the rights
specified in subdivision (f) of Section 4701.
   (i) The fair hearing need not be conducted according to the
technical rules of evidence and those related to witnesses.  Any
relevant evidence shall be admitted.  Both parties shall be allowed
to submit documents into evidence at the beginning of the hearing.
No party shall be required to formally authenticate any document
unless the hearing officer determines the necessity to do so in the
interest of justice.  All testimony shall be under oath or
affirmation which the hearing officer is empowered to administer.
   (j) A service agency shall present its witnesses and all other
evidence before the claimant presents his or her case unless the
parties agree otherwise or the hearing officer determines that there
exists good cause for a witness to be heard out of order.  This
section does not alter the burden of proof.
   (k) A recording shall be made of the proceedings before the
hearing officer.  Any cost of recording shall be borne by the
responsible state agency.
   (l) The fair hearing shall be conducted in the English language.
However, if the claimant, the claimant's guardian or conservator,
parent of a minor claimant, or authorized representative does not
understand English, an interpreter shall be provided by the
responsible state agency.
   (m) The fair hearing shall be open to the public except at the
request of the claimant or authorized representative or when
personnel matters are being reviewed.
   (n) The agency awarded the contract for independent hearing
officers shall biennially conduct, or cause to be conducted, an
evaluation of the hearing officers who conduct hearings under this
part.  The department shall approve
          the methodology used to conduct the evaluation.
Information and data for this evaluation shall be solicited from
consumers who were claimants in an administrative hearing over the
past two years, their family members or authorized representative if
involved in the hearing, regional centers, and nonattorney advocates,
attorneys who represented either party in an administrative hearing
over the past two years, and the organizations identified in
subdivision (b).  Regional centers shall forward copies of
administrative decisions reviewed by the superior court to the
department.  The areas of evaluation shall include, but not be
limited to, the hearing officers' demeanor toward parties and
witnesses, conduct of the hearing in accord with fairness and
standards of due process, ability to fairly develop the record in
cases where consumers represent themselves or are represented by an
advocate that does not have significant experience in administrative
hearings, use of legal authority, clarity of written decisions, and
adherence to the requirements of subdivision (b) of Section 4712.5.
The department shall be provided with a copy of the evaluation and
shall use the evaluation in partial fulfillment of its evaluation of
the contract for the provision of independent hearing officers.  A
summary of the data collected shall be made available to the public
upon request, provided that the names of individual hearing officers
and consumers shall not be disclosed.
  SEC. 12.  Section 4712.2 of the Welfare and Institutions Code is
amended to read:
   4712.2.  (a) Two or more claimants with a common complaint, or
their authorized representatives, or a service agency may request the
consolidation of appeals involving a common question of law or fact.
  The hearing officer may grant the request for consolidation if the
hearing officer finds that consolidation would not result in
prejudice or undue inconvenience to any party, undue delay, or a
violation of any claimant's right to confidentiality unless the
claimant agrees to have otherwise confidential information revealed
to other claimants.  Requests for consolidation shall be forwarded to
the hearing officer, and postmarked within five working days of the
receipt of the notice sent pursuant to Section 4711.  The hearing
officer shall notify the parties and authorized representatives, if
any, of a request for consolidation and shall afford an opportunity
for any written objections to be submitted.
   (b) In all consolidated hearings, each individual claimant shall
have all the rights specified in subdivision (f) of Section 4701.  A
separate written decision shall be issued to each claimant and
respective authorized representatives.
  SEC. 13.  Section 4712.5 of the Welfare and Institutions Code is
amended to read:
   4712.5.  (a) Except as provided in subdivision (c), within 10
working days of the concluding day of the state hearing, but not
later than 80 days following the date the hearing request form was
received, the hearing officer shall render a written decision and
shall transmit the decision to each party and to the director of the
responsible state agency, along with notification that this is the
final administrative decision, that each party shall be bound
thereby, and that either party may appeal the decision to a court of
competent jurisdiction within 90 days of the receiving notice of the
final decision.
   (b) The hearing officer's decision shall be in ordinary and
concise language and shall contain a summary of the facts, a
statement of the evidence from the proceedings that was relied upon,
a decision on each of the issues presented, and an identification of
the statutes, regulations, and policies supporting the decision.
   (c) Where the decision involves an issue arising from the federal
home-and community-based service waiver program, the hearing officer'
s decision shall be a proposed decision submitted to the Director of
Health Services as the single state agency for the medicaid program.
Within 90 days following the date the hearing request form is
postmarked or received, whichever is earlier, the director may adopt
the decision as written or decide the matter on the record.  If the
Director of Health Services does not act on the proposed decision
within 90 days, the decision shall be deemed to be adopted by the
Director of Health Services.  The final decision shall be immediately
transmitted to each party, along with the notice described in
subdivision (a).  If the decision of the Director of Health Services
differs from the proposed decision of the hearing officer, a copy of
that proposed decision shall also be served upon each party.
   (d) The department shall collect and maintain, or cause to be
collected and maintained, redacted copies of all administrative
hearing decisions issued under this division.  Hearing decisions
shall be categorized by the type of service or support that was the
subject of the hearing and by the year of issuance.  The department
shall make copies of the decisions available to the public upon
request at a cost per page not greater than that which it charges for
document requests submitted pursuant to Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.  The
department shall use this information in partial fulfillment of its
obligation to monitor regional centers and in its evaluation of the
contract for the provision of independent hearing officers.
